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What is the Role of the Indian Constitution in Establishing Central Universities in India?

Pratyasha Chaturvedi
Jan 22, 2026, 13:09 IST

Central universities in India were founded by using constitutional powers which were granted to the Union government. From the University of Delhi to Jawaharlal Nehru University to CUET-based admissions and reservation rules, central universities serve as a constitutional instrument to promote higher education access, excellence, and equity.

Roel of Constitution in Nation Building in India
Roel of Constitution in Nation Building in India

When students prepare for CUET, they pursue central universities such as the University of Delhi, Jawaharlal Nehru University, Banaras Hindu University, and Jamia Millia Islamia, or even discuss universal admission standards and reservation policies, they might not be aware that these universities exist due to a constitutional framework. Central universities are more than just prestigious campuses; they are expressions of constitutional authority.

India’s Constitution did more than just offer education; it established a legal and administrative structure that enabled the Union government to establish universities of national importance. The Indian Constitution governs how Central Universities operate, from finance to admissions, reservation policies to academic autonomy. 

When the Indian Constitution was drafted, the framers recognised that education would be important to establishing a modern, unified nation. Rather than leaving higher education completely to the states, the system was purposefully designed to allow the Union government to establish institutions with a national character.

What is the Role of the Indian Constitution in Establishing Central Universities in India?

According to Article 246, Parliament has the jurisdiction to enact laws on matters specifically in the Union and Concurrent lists. Education’s inclusion on the Concurrent List under the Seventh Schedule offers the Centre a significant role in determining higher education policy. This constitutional jurisdiction allows Parliament to enact Central University Acts, which legally establish central universities like the University of Delhi, Banaras Hindu University, Jawaharlal Nehru University, and the University of Hyderabad. Each Central University operates as a result of a separate Act of Parliament.

(Image source:- AI Generated)
Given below are the important roles of the Indian Constitution in establishing central universities in India:-

  • Union List (List I, Seventh Schedule):- Entry 63 specifically lists several institutions, including universities like Banaras Hindu University (BHU), Aligarh Muslim University (AMU), University of Delhi (DU), and the University established under Article 371E (Andhra Pradesh). This also gives Parliament the authority to designate any other institution as being of National Importance.

  • Article 256 (Legislative Powers):- Parliament alone has the authority to enact laws about topics on the Union List, such as university incorporation and regulation.

  • 42nd Amendment (1976):- This amendment increased the Central government's power to create, oversee, and finance institutions across states by moving ‘Education’ from the State List to the Concurrent List.

  • Article 248 and Residuary Powers:- This guarantees legislative authority over new kinds of colleges by giving Parliament the only ability to enact legislation about any topic not included in the Concurrent or State Lists.

  • Entry 66 (Coordination and Standards):- The Constitution gives the Centre authority over coordination and determination of standards in institutions for higher education or research,’ enabling central universities to uphold high national standards.

  • Administrative Structure:-  All central universities are visited by the President of India, who also has the authority to designate the Vice-Chancellor and permit inspections.

  • Important Legislative Tool:- In order to create and incorporate new central universities for teaching and research in other states, Parliament passed the Central Universities Act, 2009, in accordance with these powers. 

Due to their constitutional authority, central universities are among the most powerful pillars of India’s higher education system. They represent the Constitution’s ideal of accessible, inclusive, and high-quality education for everyone. They were established by Parliament, guided by equity and social justice, and unified through national admission systems like CUET.

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